DiSalvatore v. United States

OPINION

JOSEPH S. LORD, III, Chief Judge.

I. PRELIMINARY STATEMENT

This case is in a somewhat anomalous posture. It was tried before me without a jury. I made findings of fact to which I applied certain conclusions of law, resulting in a verdict for defendant. Plaintiff moved for a new trial. Following oral argument on the motion, I was persuaded that I had applied an incorrect standard of law. In effect, I had given an erroneous charge to the factfinder and I therefore granted the plaintiffs’ motion. I have now reconsidered the testimony presented in both trials and have reached the conclusions…